If you've been injured in a hit-and-run accident in New South Wales, the first 24 hours are critical. Under the NSW Compulsory Third Party (CTP) scheme, you may still claim compensation even if the at-fault driver flees or cannot be identified. This article explains how to begin a claim under the Motor Accident Injuries Act 2017, what evidence to gather, and the time limits you must follow.
How the NSW CTP Scheme Handles Unidentified Vehicles
The NSW CTP scheme, administered by the State Insurance Regulatory Authority (SIRA), covers claims against unidentified vehicles through the 'no-fault' system. When a driver flees the scene, the claim is directed against the unidentified vehicle's CTP insurer, not the at-fault driver. This applies regardless of who is at fault, as the CTP scheme prioritizes covering injuries over determining blame.
Under the Motor Accident Injuries Act 2017, you are entitled to claim for injuries caused by a motor vehicle, even if the driver cannot be identified. SIRA processes these claims under the 'unidentified vehicle' provisions, ensuring injured road users receive support without requiring direct contact with the at-fault driver.
Immediate Steps After a Hit-and-Run Accident
- Seek Medical Attention - Even minor injuries must be documented. A medical professional can confirm your injuries and provide records critical to your claim.
- Report the Accident - Contact the NSW Police immediately. They will log the incident and issue a crime reference number, which is essential for your claim.
- Gather Evidence - Collect witness statements, photographs of the damage, and any CCTV footage. Note the vehicle’s description, license plate (if visible), and time of the incident.
- Notify SIRA - Contact SIRA’s claims team within 52 weeks of the accident. While there is no strict deadline, delays may affect your ability to claim certain benefits like weekly payments.
What Evidence Matters for a Hit-and-Run Claim
SIRA requires evidence to support your claim, including:
- Police reports confirming the hit-and-run
- Medical records detailing your injuries
- Witness statements or CCTV footage
- Proof of income to claim weekly benefits
- Any documents showing the impact of your injuries on your daily life
If your injuries are classified as 'threshold injuries' (e.g., soft tissue injuries with no permanent impairment), you may still receive treatment and care benefits under the CTP scheme. However, weekly income payments typically stop after 52 weeks unless you have a whole person impairment rating of 10% or more.
Time Limits and Dispute Options
You must notify SIRA of your claim within 52 weeks of the accident. While there is no strict deadline for reporting the incident itself, delays may affect your eligibility for certain benefits. If your claim is disputed, you can request a review by SIRA or seek independent legal advice.
When to Seek Legal Advice
If your injuries are severe, or if you face disputes over your claim, it is advisable to consult a solicitor. A lawyer can help you navigate the CTP scheme, ensure you meet all deadlines, and challenge any incorrect decisions by SIRA.
Example Scenario
Consider a pedestrian in Bankstown who is hit by a car and flees the scene. The injured person contacts the police, obtains a crime reference number, and gathers witness statements. They then notify SIRA within 52 weeks and submit medical records confirming their injuries. SIRA processes the claim under the unidentified vehicle provisions, ensuring the injured person receives treatment and income support.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.